How to Challenge the Validity of a Garnishment
Garnishment is a form of debt collection wherein a creditor takes the money they are owed directly from a debtor's paycheck or bank account. Garnishments must be approved by the court. When a creditor requests a garnishment, the debtor will have an opportunity to dispute the debt. If a judge signs a garnishment order, you still can challenge its validity by submitting a written request with the court that outlines your reasons for appealing.
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Instructions
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File a written petition with the court that issued the initial garnishment. To challenge the validity of a garnishment, you will need to file a written appeal with the court according to the rules of your jurisdiction. Your notice must outline your reasons for appealing the garnishment.
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Show that the creditor is taking more than allowed by law. Pursuant to the Consumer Credit Protection Act, creditors may not garnish more than 25 percent of your disposable wages or 30 times the federal hourly minimum wage. See reference 2.
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Provide evidence that shows you are being garnished for more than you owe. If a creditor is collecting more from the garnishment than you owe in principal, interest, and legally allowed fees, present the court with documentation that shows what you owe and how much has been taken from your accounts.
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Establish that your income cannot be garnished because it comes from a protected source. In most jurisdictions, creditors can not garnish income derived from Social Security, disability, public assistance or workers compensation. If you are having these types of benefits garnished, provide the court with paperwork from the agency that is issuing the benefits.
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Tips & Warnings
Each court establishes its own rules for appealing an order. Contact an attorney or the clerk of the court to verify the exact procedures in your jurisdiction before filing any paperwork.
